Details, Fiction and fishing expedition case law
Details, Fiction and fishing expedition case law
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When the employee fails to serve a grievance notice, the NIRC might dismiss the grievance petition. This is because the employer has not had an opportunity to answer the grievance and attempt to resolve it. In a few cases, the NIRC may possibly allow the employee to amend the grievance petilion to include the grievance notice. However, this is usually only carried out In case the employee can show that that they had a good reason for not serving the grievance notice. While in the present case, the parties were allowed to guide evidence as well as petitioner company responded to the allegations therefore they were well aware about the allegations and led the evidence as such this point is ofno use to be looked into in constitutional jurisdiction at this stage. Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Muhammad Abdur Rahman Source: Order: Downloads 204 Order Date: 04-FEB-25 Approved for Reporting WhatsApp
A guide to online and print sources of Washington State court opinions, rules, forms, and jury instructions
However, decisions rendered with the Supreme Court of the United States are binding on all federal courts, and on state courts regarding issues on the Constitution and federal regulation.
Also, it may well review an appeal of the decision for which it's granted certification. In addition to its legal authority, the Court holds limited political authority. It will review and finalize a decision by The brand new Jersey Redistricting Commission on redistricting congressional districts In the event the Commission cannot reach a decision.
The Supreme Court's explanation from Fida Muhammad v. Government of Khyber Pakhtunkhwa and others (2021 SCMR 1895), clearly distinguished between up-gradation and promotion. Promotion requires a transfer to a higher position with increased responsibilities and rank. Upgradation, within the other hand, supplies financial relief by inserting an employee inside of a higher pay out scale, without transforming their position duties or position. It's a mechanism designed to address the stagnation of employees who have remained while in the same fork out scale for a long time, particularly when they absence prospects for promotion. Upgradation is usually a policy Software used to alleviate the hardship of extensive-term stagnation. Read more
In order to preserve a uniform enforcement of your laws, the legal system adheres on the doctrine of stare decisis
PLR is usually a revolutionizing platform democratizing and making legal research easy and accessible in Pakistan :
Because of this, just citing the case is more prone to annoy a judge than help the party’s case. Consider it as calling a person to inform them you’ve found their dropped phone, then telling them you live in this kind of-and-these neighborhood, without actually giving them an address. Driving round the neighborhood endeavoring to find their phone is likely being more frustrating than it’s truly worth.
10. Without touching the merits of your case of your issue of annual increases while in the pensionary emoluments of the petitioner, in terms of policy decision with the provincial government, this sort of yearly increase, if permissible inside the case of employees of KMC, involves further assessment being made by the court of plenary jurisdiction. KMC's reluctance on account of funding issues and insufficient adoption of provincial increases, creates a factual dispute that cannot be resolved in writ jurisdiction, necessitating the petitioner to pursue other legal avenues. Read more
Article 27 in the Constitution does not only safeguard against discrimination at the time of appointment of service but after the appointment also. The disparity in the spend scale allowances of Stenographers while in the District Judiciary is during the clear negation from the legislation laid down because of the Supreme Court in its a variety of pronouncements. Read more
Matter:-DIRECTION Hon'ble Mr. Justice Adnan-ul-Karim Memon(Creator) Const. P. 255/2025 (S.B.) Zubaida W/O Muhammad Irfan V/S Inspector General of Police (IGP) Sindh and others Sindh High Court, Karachi SHC Citation: SHC-252210 Tag:The regulation enjoins the police being scrupulously fair for the offender along with the Magistracy is to make sure a fair investigation and fair trial for an offender. Unfortunately, these objectives have remained unfulfilled. Aberrations of police officers and police excesses in dealing with the law and order situation have been the topic of adverse comments from this Court together with from other courts Nevertheless they have did not have any corrective effect on it. The police has the power to arrest a person even without obtaining a warrant of arrest from a court. The a good amount of this power read more casts an obligation over the police and it must bear in mind, as held by this Court that if a person is arrested for a crime, his constitutional and fundamental rights must not be violated.
The different roles of case legislation in civil and common law traditions create differences in the way in which that courts render decisions. Common legislation courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and infrequently interpret the broader legal principles.
Typically, only an appeal accepted through the court of last vacation resort will resolve this kind of differences and, for many reasons, these kinds of appeals are sometimes not granted.
Matter:-SERVICE Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Writer) Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi SHC Citation: SHC-225471 Tag:Coming into the main case, it is also a perfectly-proven proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or summary. But that finding must be based on some evidence. Neither the technical rules nor proof of a fact or evidence during the Stricto-Sensu, apply to disciplinary proceedings. When the authority accepts that evidence and summary receive support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty with the charge, however, that is subject matter towards the procedure provided under the relevant rules and never otherwise, for the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings on the evidence.